Court : Supreme Court of India
Reported in : AIR1960SC122; [1960]1SCR909
..... present enquiry, reads; 'is lambardar a person in the service of government or is it covered by any of the clauses of section 123(7) of the representation of the people act, 1951 ?' 2. the election tribunal held against the respondent on both the preliminary issues. on issue 8 it held that a lambardar was a revenue officer ..... subba rao, j.1. this appeal by special leave raises the question of true construction of the provisions of s. 123(7) of the representation of the people act, 1951 (hereinafter called 'the act'). the material facts may be briefly stated : sardar gurmej singh, the appellant, sardar partap singh kairon, the present chief ..... 'in the punjab, the headman is styled 'lambardar'. as many, if not most, villages have several sections, there are usually several 'lambardars', and thus the advantage of representation of many co-sharers by one man is to some extent lost. it is thought necessary, therefore, to have as agent for a number of representatives, a single chief headman .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC148; [1960]1SCR953
..... crowed, rise now, open your eyes, be prepared for duty, yours only cock. 27. before considering this document it may be convenient to read the relevant provisions of the representation of the people act, 1951, (hereinafter called the act). s. 123 : the following shall be deemed to be corrupt practices for the purposes of this act :- * * * (3) the ..... not to vote for the party. it may be that it would come within the kind of undue influence mentioned in s. 123(2)(a)(ii) of the representation of the people act, 1951, if practised on an individual elector. but where, as we shall show later it happened in this case, this kind of appeal is made ..... containing appeals for votes on grounds of religion and thereby committed the corrupt practice of systematic appeal on grounds of religion under s. 123(3) of the representation of the people act, 1951. it is also said that the appellant himself and through his agents solicited votes by reading over and explaining the contents of the leaflets and by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC266; [1960]2SCR89
..... committed. it seems to us, on the facts established in this case, that no part of the offence of cheating was committed by the appellant outside british india. his false representation to the government of burma that money was due to him was at a place in british india which induced that government to order payment of his claims. in fact .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC368; [1960]2SCR289
..... was duly qualified to stand for the election. he also filed his nomination paper within the prescribed time and ex facie it complied with all the provisions of the representation of the people act, 1951 (43 of 1951), as amended by act xxvii of 1956, (hereinafter called the act), and did not disclose any disqualifications. the returning officer held scrutiny of ..... mehta v. thakur raghuraj singh : [1955]1scr267 . this decision turns upon the provisions of sub-s. (1)(c) and sub-s. (2)(c) of s. 100 of the representation of the people act, 1951 before it was amended by act xxvii of 1956. sub-s. (1)(c) and sub-s. (2)(c), in so far as they are material to the ..... having been obtained from the election commission about his dismissal not being for corruption or disloyalty, he was not eligible for election as a candidate to the house of the people', and (ii) 'sub-section (3) of s. 33 which is a provision laying down a certain procedure was never in the mind of the petitioner while the petition was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC444; [1960]2SCR431
..... of the judgment does not disclose that this court has laid down any such inflexible rule of construction. it was construing the word " shall " in s. 82 of the representation of the people act, 1951,' which lays down that a, petitioner shall join as respondent to his petition all the candidates who were duly nominated at the election other than himself. having ..... same in court through the representatives and obtain a decree thereon. but that does not dispense with the appointment of representatives to conduct and defend the suit, for without such representation the suit itself could not be proceeded with and a decree could not be obtained on the compromise. lastly, it is said that the provisions of the section are directory .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC588; 1960(2)MhLj46; [1960]2SCR793
..... march 1, 1954, the agents submitted their claim, contending that the supplementary agreement dated june 20, 1942, was void and binding upon them, and that, in any event, on the representations made on december 6, 1943, and from time to time thereafter, they were assured by the chief director of purchases that the claim made by them would be favourably considered ..... , cover what has happened, nevertheless, if the ensuing turn of events was so completely outside the contemplation of the parties that the court is satisfied that the parties, as reasonable people, cannot have intended that the contract should apply to the new situation, then the court will read the words of the contract in a qualified sense; it will restrict them .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC633; 1960CriLJ1002; [1960]2SCR821
..... to pay or to defer payment of any liability, and whoever does any act, with intent or knowing it to be likely that any words, signs or visible representations containing such instigation shall thereby be communicated directly or indirectly to any class of persons, in any manner whatsoever, shall be punishable with imprisonment which may extend to ..... to pay or to defer payment of any liability, and whoever does any act, with intent or knowing it to be likely that any words, signs or visible representations containing such instigation shall thereby be communicated directly or indirectly to any person or class of persons, in any manner whatsoever, shall be punishable with imprisonment which may ..... of public order' are wider in connotation than the words 'for the maintenance of public order'. laws are rules made by the legislature for the governance of the people in state which they are bound to obey, and they are enacted to keep public peace and order. the avowed object of s. 3 of the act was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC770; (1960)IIMLJ27(SC); [1960]3SCR91
..... 15. i agree that this appeal fails. 16. the appellant had been declared elected at an election. the first respondent filed an election petition under the representation of the people act, 1951 to have the appellant's election declared void. among other things it was said that the appellant had committed a corrupt practice which was ..... the high court declaring the election of the appellant void, this appeal has by special leave been filed. 6. section 83(1)(b) of the representation of the people act, as amended provides that an election petition shall set forth full particulars of any corrupt practice the petitioner alleges, including as full a statement as ..... of the first respondent about the commission of a corrupt practice by the appellant stood unsubstantiated. 5. in an appeal under s. 116a of the representation of the people act, against the order of the election tribunal the high court of judicature at allahabad set aside the order and declared the election of the appellant void .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC845; [1960]3SCR250
..... be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in parliament and in the legislature or legislatures of the state or states affected by such law) as parliament may deem necessary. (2) no ..... india then ascertained the wishes of the citizens of chandernagore by appointing a commission of enquiry, and on receiving the commission's report that the people of chandernagore were almost unanimously in favour of merging with west bengal, the government introduced in parliament the chandernagore merger act in question. after this ..... were determined to keep the entire territory of india as inviolable and sacred. the very first sentence in the preamble which declares that 'we, the people of india, having solemnly resolved to constitute india into a sovereign democratic republic', says mr. chatterjee, irrevocably postulates that india geographically and territorially must .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1049; [1960]3SCR650
..... person referred to in that entry is an elector for that constituency unless it is proved that he is subject to a disqualification mentioned in s. 16 of the representation of the people act, 1950 (43 of 1950). sub-section (8) requires the returning officer to prepare a list of validly nominated candidates and affix it to his notice board. 6. it ..... candidate to specify his age as required by the prescribed form of the nomination paper amount to a defect of a substantial character under s. 36(4) of the representation of the people act, 43 of 1951 (hereinafter called the act) that is the point of law which arises for our decision in the present appeal. the said point arises in this .....
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